SUVALA Vs. ADDL COMMR INDORE

JUDGEMENT

(1.) The petitioner has filed this petition under Arts.226 and 227 of the Constitution in the matter of M. P. Minor Mineral Rules, 1960 and Mines and Minerals (Regulation and Development) Act, 1957, I whereby he has challenged the order dt. 14-9-1983 passed by respondent No. 1 in appeal No. 296/81-82 thereby confirming the order dt. 3-5-1982 passed by respondent 2, who had cancelled and revoked the mining lease granted on 11-2-1982 to the petitioner for sand mines situated in village Mordhadi.

(2.) According to the petitioner respondent 2 had issued a notification dt. 5-1-1982 for auction of the mines situated in Khandwa district, the conditions of which are mentioned therein. The period for the mining lease was up to 31st Mar. 1985. In the said notification the name of the disputed mine was mentioned at serial No. 22 (Annexures-1 and 2). Accordingly the petitioner put up a bid in the auction for the sand mine, which is situated in village Mordhadi of which Kh. number is 13, which has an area of 1.94 acres, and was accepted at the rate of Rs. 650/- per year for a period of three years. Accordingly, a lease agreement was executed on 11-2-1982, jamanatnama was also submitted and amount of security as also the costs for preparing the map were also deposited. That on 23-2-1982 the petitioner deposited Rs. 650/- for the year 1982-83 but no royalty pass book nor any requisite papers or permission to excavate the quary was issued to the petitioner.

(3.) However, surprisingly on 12-4-1982 respondent 2 issued a show cause notice to the petitioner on the basis of certain complaints made by the villagers of that village. The petitioner gave reply to the show cause notice. But the respondent 2 cancelled and revoked the said mining license and an appeal filed by him also resulted in its dismissal and it is in these circumstances that the petitioner has filed this petition.